Police union files suit over release of body cam footage

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Police union files suit over release of body cam footage

Postby M-Quigley » Wed Jan 10, 2018 8:22 am

http://www.whio.com/news/national/polic ... X7FGiSu1O/

NEW YORK — A union representing New York City police officers sued the department Tuesday, saying its release of body camera footage without a court order violates a state law that makes officer disciplinary records confidential.

The Patrolmen's Benevolent Association, which represents about 24,000 uniformed officers, said the public release of footage, which began last summer on a limited basis, also violates the privacy of everyday citizens caught on camera.
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Re: Police union files suit over release of body cam footage

Postby JediSkipdogg » Wed Jan 10, 2018 9:31 am

I can see NYPD losing this. Supposedly they withhold ongoing internal affairs files until the investigation is complete but they are releasing the body cam footage before it is complete. At this point, I see them losing as I see the body cam footage as "personnel records used to evaluate performance toward continued employment or promotion."
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Re: Police union files suit over release of body cam footage

Postby djthomas » Wed Jan 10, 2018 1:22 pm

JediSkipdogg wrote:I can see NYPD losing this. Supposedly they withhold ongoing internal affairs files until the investigation is complete but they are releasing the body cam footage before it is complete. At this point, I see them losing as I see the body cam footage as "personnel records used to evaluate performance toward continued employment or promotion."

I tend to agree because of the absurd result that would occur if the definition of personnel records were to be broadened in this manner. Police incident and arrest reports can certainly be used to evaluate performance - turn in shoddy reports and you'll get written up. So I guess they're personnel records too.

Thus all a bad guy needs to do is file a complaint against the officers who arrested him and refuse to waive time for his trial. Under the union's argument the reports could not be released until the IA investigations are complete, which will be way beyond the statutory speedy trial requirements, particularly for misdemeanors.

Tough to prosecute a case if the reports and body cam footage can't be released. The prosecution would have to get a separate court order to get all of that released and I'm sure there's certain things the court has to determine before granting that order. That all takes time and involves a process. They may even have to go to a different court to get that order. Who knows.
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Re: Police union files suit over release of body cam footage

Postby deanimator » Wed Jan 10, 2018 1:49 pm

The family of Michael Brown didn't like the release of the video of him robbing a convenience store and assaulting an employee either.

Any time somebody tries to hide video or claims that it "smears" them, you know they did something wrong.

Hence the cynical bleating of the Brown family lawyer, and the attempts of police in the Chicago barmaid case to suppress the beating video through bribes and intimidation.
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